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STORMWATER_MAINTENANCE_AGREEMENT___DAKOTA_RETAIL__LLLP needs signatures1 223548v2 STORMWATER MAINTENANCE AGREEMENT/ BEST MANAGEMENT PRACTICE FACILITIES THIS AGREEMENT is made and entered into as of the day of ___________, 2022, by and between DAKOTA RETAIL, LLLP, a Minnesota limited liability limited partnership, hereinafter referred to as the “Owner” and the CITY OF CHANHASSEN, a Minnesota municipal corporation, hereinafter referred to as the “City”. RECITALS A. The Owner is the owner of certain real property located in Carver County, Minnesota, legally described as follows: Lot 1, Block 1, Dakota Retail (“Property”); and B. The Owner is proposing construction and implementation of a underground stormwater (Best Management Practice) BMP system within the Property; and C. The submitted permit application, hereinafter called the "Plans", which are expressly made a part hereof, as approved by the City, provides for filtration/infiltration of stormwater within the confines of the Property via a underground system; and D. The City and the Owner agree that the health, safety, and welfare of the residents of the City of Chanhassen, Minnesota, require that on-site stormwater management/BMP facilities be constructed and maintained on the Property; and E. The City requires that an on-site underground stormwater filtration/infiltration system (“Stormwater Facilities”) as shown on the Plans be constructed and adequately maintained by the Owner as a condition of City approval of the Amendment to Site Plan Agreement 2014-11; and F. The Owner is required to enter into this Agreement and grant to the City a license to enter the Property to inspect and, if necessary, complete work required under the terms of this Agreement. NOW, THEREFORE, in consideration of mutual covenants of the parties set forth herein and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Construction of Stormwater Improvements. Owner shall construct the Stormwater Facilities in accordance with the plans and specifications identified in the Plan. 2 223548v2 2. Maintenance of Stormwater Improvements. A. The Owner shall adequately maintain the Stormwater Facilities in accordance with the City engineering standards for stormwater treatment facilities attached hereto as Exhibit A. This includes all pavement, pipes, channels, and other conveyances built to convey stormwater to the facility, as well as all structures, improvements, and vegetation provided to control the quantity and quality of the stormwater. Adequate maintenance is herein defined as good working condition so that these Stormwater Facilities are performing their design functions. B. The Owner will perform the work necessary to keep these Stormwater Facilities in good working order as appropriate. In the event a maintenance schedule for the Stormwater Facilities (including sediment removal) is outlined on the approved Plans, the schedule will be followed and comply with all applicable federal, state, and local regulations relating to the disposal of material, such as sediment. 3. Inspection and Reporting. The Owner shall inspect the Stormwater Facilities and submit an inspection report annually and shall be responsible for the payment of any associated costs. The purpose of the inspection is to assure safe and proper functioning of the facilities. The inspection shall cover the entire facilities. Deficiencies shall be noted in the inspection report set forth in Exhibit A. 4. City Access and Maintenance Rights. A. The Owner hereby grants a license to the City, its authorized agents and employees, to enter upon the Property to inspect the Stormwater Facilities whenever the City deems necessary as shown on Exhibit B, and to complete any maintenance, if necessary subject and pursuant to the terms of subparagraph B, below. The City shall provide written notice to the Owner fourteen (14) days prior to entry. The City shall provide the Owner, copies of the inspection findings and a directive to commence with the repairs if necessary (“Inspection Report”). B. In the event the Owner fails to maintain the Stormwater Facilities in good working condition acceptable to the City and such failure continues for 60 days after the City gives the Owner written notice of such failure, the City may enter upon the Property and take whatever steps necessary, including excavation and the storage of materials and equipment, to correct deficiencies identified in the Inspection Report. The City's notice shall specifically state which maintenance tasks are to be performed. The City may charge the costs, including assessing the City’s costs to the Owner’s property taxes, to the Owner. This provision shall not be construed to allow the City to erect any structure of permanent nature outside of the area of the Stormwater Facilities. It is expressly understood and agreed that the City is under no obligation to routinely maintain or repair said Stormwater Facilities, and in no event shall this Agreement be construed to impose any such obligation on the City. In addition, Owner agrees that it is, and will be, solely responsible to address complaints and legal claims brought by any third party with regard to the maintenance and operation and the consequences there from the Stormwater Facilities. The Owner shall defend and hold the City harmless from any such third-party claim, except to the extent of the City’s or its agents’, contractors’ or employees’ negligence or willful misconduct. 3 223548v2 5. Reimbursement of Costs. The Owner shall reimburse the City for all costs reasonably incurred by the City in the enforcement of this Agreement, or any portion thereof, including court costs and reasonable attorneys' fees. 6. Indemnification. This Agreement imposes no liability of any kind whatsoever on the City. The Owner shall indemnify and hold harmless the City and its agents and employees against any and all claims, demands, losses, damages, and expenses (including reasonable attorneys' fees) arising out of or resulting from the Owner or the Owner’s agents’ or employees’ negligent or intentional acts, or any violation of any safety law, regulation or code in the performance of this Agreement, without regard to any inspection or review made or not made by the City, its agents or employees or failure by the City, its agents or employees to take any other prudent precautions, except to the extent of the City’s or its agents’, contractors’ or employees’ negligence or willful misconduct. In the event the City, upon the failure of the Owner to comply with any conditions of this Agreement, performs said conditions pursuant to its authority in this Agreement, the Owner shall indemnify and hold harmless the City, its employees, agents and representatives from any cost, damage or harm, except to the extent resulting from the City’s or its agents’, or employees’ negligent acts in the performance of the Owner’s required work under this Agreement. Failure to perform any of the Owner’s required work shall not be considered negligence by the City, its employees, agents or representatives. 7. Notice. All notices required under this Agreement shall either be personally delivered or be sent by certified or registered mail and addressed as follows: To the Owner: Mr. Dario Klasic, Managing Partner 905 Jefferson Avenue, Unit 101 Saint Paul, Minnesota 55102 To the City: City of Chanhassen Attention: Water Resources Coordinator 7700 Market Boulevard P.O. Box 147 Chanhassen, Minnesota 55317 All notices given hereunder shall be deemed given when personally delivered or two business days after being placed in the mail properly addressed as provided herein. 8. Successors/Covenants Run With the Property. The terms and conditions of this Agreement shall run with the Property. All duties and obligations of Owner under this Agreement shall be duties and obligations of Owner’s successors and assigns, jointly and severally. 9. Covenants Run with Property. The terms and conditions of this Agreement shall run with the Property and shall be binding upon future owners of the Property. 4 223548v2 OWNER: DAKOTA RETAIL, LLLP, a Minnesota Limited Liability Limited Partnership By: _________________________________ Dario Klasic, Managing Partner STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ______ day of ___________, 2022, by Dario Klasic, the Managing Partner of Dakota Retail, LLLP, a Minnesota Limited Liability Limited Partnership, on behalf of said entity. ______________________________________ Notary Public 5 223548v2 CITY: CITY OF CHANHASSEN By: Elise Ryan, Mayor By: Laurie Hokkanen, City Manager STATE OF MINNESOTA ) )ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this ______ day of ___________, 2022, by Elise Ryan and Laurie Hokkanen, respectively, the Mayor and City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. ______________________________________ Notary Public DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 6 223548v2 EXHIBIT A TO STORMWATER MAINTENANCE AGREEMENT Operations and Maintenance of Stormwater Facility The Owner, shall be vested with and shall be responsible for conducting an annual inspection of the stormwater facility as depicted and attached hereto, utilizing the stormwater facility maintenance inspection checklist, attached hereto, and shall make any repairs to the stormwater facility necessary for its intended design and function, as determined by the City’s Water Resources Coordinator for the remaining life of the Stormwater Facility. 7 223548v2 Stormwater Facility Maintenance Inspection Checklist BMP #1 Underground Detention System (ADS StormTech Chamber System) Date: Time: Weather: Inspector: Maintenance Item Comments on Condition Actions to be Taken As Needed Remove Trash and debris Stabilize tributary drainage area when erosion is evident Inflow and outflow at inlet and outlet structures are clean Catch Basins are functioning properly and free of litter and debris Semi Annually (Or After several storm events/extreme storm events) Inspect inflow/outflow and pre- treatment systems for clogging (off- line systems) and remove any sediment Annually in Fall Inspect and remove any sediment and debris build up in pretreatment areas Inspect inflow points and surface for buildup of road sand associated with spring melt, remove as needed Note signs of pollution, such as oil sheens, discolored water, or unpleasant odors. Comments and Actions Required: 8 223548v2 INSPECTION FORM BMP #1A Water Quality Vault (ADS BayFilter) Date: Time: Weather: Inspector: Maintenance Item Comments on Condition Actions to be Taken As Needed Remove Trash and debris Stabilize tributary drainage area when erosion is evident Inflow and outflow at inlet and outlet structures are clean Catch Basins are functioning properly and free of litter and debris Semi Annually (Or After several storm events/extreme storm events) Inspect inflow/outflow and pre- treatment systems for clogging (off- line systems) and remove any sediment Annually in Fall Inspect and remove any sediment and debris build up in pretreatment areas Inspect inflow points and surface for buildup of road sand associated with spring melt, remove as needed Note signs of pollution, such as oil sheens, discolored water, or unpleasant odors. Comments and Actions Required: 9 223548v2 INSPECTION FORM BMP #2 Prinsco Preserver Date: Time: Weather: Inspector: Maintenance Item Comments on Condition Actions to be Taken As Needed Remove Trash and debris Stabilize tributary drainage area when erosion is evident Inflow and outflow at inlet and outlet structures are clean Catch Basins are functioning properly and free of litter and debris Semi Annually (Or After several storm events/extreme storm events) Inspect inflow/outflow and pre- treatment systems for clogging (off- line systems) and remove any sediment Annually in Fall Inspect and remove any sediment and debris build up in pretreatment areas Inspect inflow points and surface for buildup of road sand associated with spring melt, remove as needed Note signs of pollution, such as oil sheens, discolored water, or unpleasant odors. Comments and Actions Required: 10 223548v2 EXHIBIT B STORMWATER BMP EXHIBIT LAKE DRIVE EAST DAKOTA AVENUEMINNE S O T A S T A T E H I G H W A Y N O . 5 NO PA R KI N G 4.36% 5. 5 4 % 5.85% 5.40%4.46% 1.29% 2.03% 4.71% 6.39%22.26%3.82%4. 4 3%17.66%13.14%8 . 3 8% 14.22% 15.59% 1.16 % 1.62% 3.11 %1.90%1.54%3.95% 3.77% 3. 3 2 % 1 3 .56% 25.32 % 6.69%23.32%4.04%7.86%4.24%94394494294093 8 938939941935936937938938938939938 939 940940 940 945938939939939941942943944946947948949940945 936937938939 941 942943944 936937 938 9359349369509519529539542.13%2.38%1. 3 9 % 5.40%5.13%9.02 % 6.27% BMP #1A - ADS BAYFILTER UNDERGROUND CARTRIDGE FILTRATION EXISTING INLET #1 EXISTING INLET #2 D ST-3 STRM MH W/ MOMENTUM PRESERVER & 4' SUMP ST-3 STRM MH W/ MOMENTUM PRESERVER & 4' SUMP D PREPARED FORONSITESTORMWATERBMPSEX-1COFFEE SHOP DRIVETHRU IMPROVEMENTSKLASICPROPERTYCHANHASSENMNDATECHECKED BYSCALEDESIGNED BYDRAWN BYKHA PROJECT16072500405/23/2022AS SHOWNZTRZTRMCBPROPOSED CURB AND GUTTER PROPERTY LINE PROPOSED FENCE SETBACK LINE RETAINING WALL LEGEND This document, together with the concepts and designs presented herein, as an instrument of service, is intended only for the specific purpose and client for which it was prepared. Reuse of and improper reliance on this document without written authorization and adaptation by Kimley-Horn and Associates, Inc. shall be without liability to Kimley-Horn and Associates, Inc.SHEET NUMBER 2022 KIMLEY-HORN AND ASSOCIATES, INC.767 EUSTIS STREET, SUITE 100, ST. PAUL, MN 55114PHONE: 651-645-4197WWW.KIMLEY-HORN.COMK:\TWC_LDEV\MID AMERICA REAL ESTATE\Starbucks - Chanhassen\3 Design\CAD\Exhibits\2022-0524 - Site BMPs Exhibit.dwg May 24, 2022 - 6:15pm©BYREVISIONSNo.DATEPRELIMINARY - NOT FOR CONSTRUCTIONNORTH 223548v2 MORTGAGE HOLDER CONSENT TO STORMWATER MAINTENANCE AGREEMENT HIAWATHA NATIONAL BANK, a _______________________________, which holds a Mortgage on all or part of the Property more particularly described in the foregoing Stormwater Maintenance Agreement, which Mortgage is dated October 1, 2021, and was recorded November 22, 2021, as Carver County Document No. A737561, and an Assignment of Rents dated October 1, 2021, and was recorded November 22, 2021, as Carver County Document No. A737562 (collectively “Mortgages”), for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in, consents to, and is subject to the foregoing Stormwater Maintenance Agreement. GRANTOR: HIAWATHA NATIONAL BANK By: ______________________________________ ____________________________ [print name] Its __________________________ [title] STATE OF MINNESOTA ) ( ss. COUNTY OF ___________ ) The foregoing instrument was acknowledged before me this ____ day of ____________, 2022, by _______________________________, the _____________________________ of Hiawatha National Bank, a _______________________________, on behalf of said entity. _____________________________________ Notary Public DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317